DUI manslaughter charges are frequently filed against people who drive recklessly while inebriated and cause the death of another person. Further, such charges may be brought even if it is not immediately evident that drunk driving caused the collision and consequent loss of life. In such cases, a DUI defendant…
When a person is convicted of a crime, the court will often not only sentence them to prison but also require them to make restitution. Criminal defendants and the state frequently disagree over what constitutes reasonable recompense, however. This was illustrated in a recent child pornography case in Florida, where…
In some criminal matters, the State has little or no direct evidence. Instead, the State’s case against the defendant will be dependent on circumstantial evidence. While circumstantial evidence is frequently accepted, hearsay evidence is not. As a result, a conviction based on hearsay evidence may be subject to reversal, as…
Both Florida law and the United States Constitution guarantee the right to a speedy trial to criminal defendants. It may be grounds for dismissal if a court violates this right by failing to try a person for a crime in a timely way, but not all delays will be considered…
Generally, the Government cannot introduce evidence that a person previously was convicted of a crime prove a person’s character to demonstrate that they acted in accordance with that character on a specific occasion. In other words, proof a person committed a crime on a prior occasion cannot be used to…
In 2018, the Florida Supreme Court promulgated a schedule of lesser included offenses. Recently, the court answered the certified question of whether it erred in classifying sexual battery as a necessarily lesser include offense of capital sexual battery, ultimately determining that it did. The court set forth its conclusion in…
The Florida courts will often sentence people convicted of federal crimes to lengthy prison terms. In some instances, though, a court will impose a more lenient penalty and sentence a person to probation. Offenders on probation must comply with the terms of their release, and if they do not, they…
In recognition of the fact that certain sentencing guidelines resulted in disparate sentences for similar crimes, the United States legislature passed a set of laws that rendered people convicted of drug crimes involving crack cocaine eligible for reduced sentences. As discussed in a recent Florida ruling, though, mere eligibility is…
State and federal law generally preclude people convicted of felonies from owning weapons. As such, if a law enforcement agent finds a firearm in the possession of a convicted felon, it could lead to criminal charges. A person must be aware that he or she is a felon to be…
The United States Constitution affords people many rights. In particular, it grants numerous protections to criminal defendants, including the Eighth Amendment bar against cruel and unusual punishments. Thus, if a court sentences a person convicted of a crime to an extraordinarily harsh penalty, it may violate the person’s Constitutional rights.…